Rajiv Kumar @ Rajiv Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4040 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== Rajiv Kumar @ Rajiv Kumar Yadav S/o Sri Masudan Yadav R/o villageDharampur, P.S.- Chandradeep, District- Jamui (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Sinha For the Opposite Party/s :
Mr.Pranav Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-07-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 92 of 2019 for the offence punishable under Sections 363 and 366A(A) of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 03.08.2019 whereas the F.I.R has been filed on 07.08.2019 after lapse of almost four days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the victim in
Patna High Court CR. MISC. No.4040 of 2020(4) dt.13-07-2020 2/2 her statement recorded under Section 164 Cr.P.C. has not disclosed anything like the allegation levelled in the F.I.R., which is evident from Annexure-2. Hence, the petitioner may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks be released on bail on furnishing his personal bond to the satisfaction of the learned A.C.J.M.-Ist, Jamui in connection with Chandradeep P.S. Case No. 92 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) brajesh/- U T